People v. Fields

This case presents question as to whether trial court properly proceeded to dispositional hearing immediately following trial in which respondent was found to be sexually violent person, where respondent requested that said hearing be continued to later date following his submission to new supplemental mental examination. While trial court, in denying respondent’s continuance request and entering instant commitment order, determined that record already contained sufficient evidence to find that respondent was in need of treatment, Appellate Court, in vacating trial court’s commitment order, found that section 40(b)(1) of Sexually Violent Persons Commitment Act required that trial court continue dispositional hearing where respondent had indicated that he wished to present witness at later date.